Accident and Injury Lawyer Blog

Ocean Spray Recalls Craisins

Ocean Spray has announced that it is expanded the recall of certain production lots of its Original Flavor Craisins, Dried Cranberries product in 5-ounce, 10-ounce and 48-ounce packages, and bulk sweetened dried cranberries in 10-pound packages. The recall was made after it was determined that there may be the possible presence of very small hair-like metal fragments, though they are saying that it is unlikely to cause consumer injury.

The additional five recalled lots were only shipped to retailers in the following eight western U.S. states: Arizona, California, Colorado, Montana, Nevada, New Mexico, Oregon, and Washington. The current affected lots are as follows:

• 5 oz Craisins: UPC: 00293-000
Best By Dates (ONLY THESE DATES FOLLOWED BY THE LETTER “M” ARE AFFECTED): Oct 27 2012 M and Oct 28 2012 M
• 10 oz Craisins: UPC: 29456-000 and 29464-000
Best By Dates (ONLY THESE DATES FOLLOWED BY THE LETTER “M” ARE AFFECTED): Oct 27 2012 M; Oct 28 2012 M; Oct 29 2012 M; Oct 30, 2012 M
• 48 oz Craisins UPC: 00678-318
Best By Dates (ONLY THESE DATES FOLLOWED BY THE LETTER “M” ARE AFFECTED): Oct 27 2012 M; Oct 28 2012 M ; Oct 29 2012; Nov 3 2012 M; Nov 4 2012 M; Nov 5 2012 M; Nov 6 2012 M; Nov 7 2012 M; Nov 8 2012 M; Nov 10 2012 M; Nov 11 2012 M; Nov 12 2012 M
• 10 lb bulk ingredient & foodservice: UPC: 03477-000
Best By Dates (ONLY THESE DATES FOLLOWED BY THE LETTER “M” ARE AFFECTED): 30 Oct 2013 M; 31 Oct 2013 M; 1 Nov 2013 M; 5 Nov 2013 M

No illnesses or adverse effects have been reported regarding these products, and the company has received no customer complaints.

• Ocean Spray Recalls Craisins

Ready Pac Foods is recalling a total of 5,379 cases of bagged salad products containing Romaine lettuce, as it has been determined that they may be contaminated with E. coli (E.coli O157:H7).

All bags are marked with the "Best if Used By" date of November 18. The following items have been recalled:

• 10oz. Ready Pac Caesar Romaine 0-77745-00202-6
• 9.25oz Ready Pac Santa Fe Caesar Complete Salad 0-77745-21404-7
• 10oz. Ready Pac Classic Caesar Complete Salad 0-77745-20566-3
• 10oz. Ready Pac Bella Romaine 0-77745-21407-8
• 10oz. Dining In Classic Caesar Salad Kit 0-11225-02530-3
• 10oz. Raley’s Caesar Romaine 0-46567-71642-8
• 10oz. Trader Joe’s Romaine Salad 0013-2145
• 16oz. Trader Joe’s Very American Salad 0020-7225
• 10oz. Safeway Farms Caesar Romaine 0-21130-98350-6
• 9oz. Safeway Farms Hearts of Romaine 0-21130-98358-2
• 10oz. Safeway Farms Complete Caesar Supreme 0-21130-33677-7
• 10.25oz Safeway Farms Complete Southwestern Ranch 0-21130-33679-1

The recall extends only to the listed products with this Use-by Date and sold in the following states: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, South Dakota, Texas, Washington, and Wyoming. No other Ready Pac Foods, Inc. products are included in the recall.

The Montana Supreme Court affirmed an $850,000 award to the parents of a baseball player who tragically died after being struck by a ball hit with an aluminum baseball bat.

If your kids are playing baseball - particularly if they are pitching - you have thought about these facts. An 18 year-old boy is pitching in an American Legion baseball game and gets hit in the head. Just an awful case that makes you question whether or not your kids should be playing any sport. There is no completely safe game.

Continue reading "Aluminum Bat Wrongful Death Verdict Affirmed" »

A Montana jury awarded $1.7 million in a wrongful death misdiagnosis case. Plaintiffs' medical malpractice lawsuit alleged that a Billings internal medicine doctor misdiagnosed their husband/father's heart valve condition. Plaintiffs claimed - and the jury agreed - that the doctor should have diagnosed the condition and referred the man to a specialist. The man died a year after seeing the doctor. Plaintiffs' theory of the case was that had the diagnosis been made in a timely fashion as the ordinary, prudent doctor would have done, the death could have been avoided with a heart valve transplant.

I don't know about the nuance of facts. That's a tough claim, the "could have gotten a heart valve transplant" case. But plaintiffs' malpractice lawyers made the claim stick.

Medical malpractice is a hot issue in Montana as its legislature considers various malpractice related bills.

What struck me in this article is this quote:

Robert Stears, a diagnostic radiologist from Billings, said he gets calls from doctors far too often that end with "Bob I'm sorry I had to order this test. I know it's going to be normal, but you know how it is."
Stears said covering bases in his line of work often means exposing patients to undue radiation for tests that have a one-in-a-thousand probability of finding an illness.

So our friend Bob agrees to expose patients to undue radiation because he wants to help the referring doctor cover himself to avoid a medical malpractice lawsuit.

Bob, do you realize what you are admitting here? Other than me, does anybody?

From experience, I can tell you that it is an odd feeling for a trial lawyer to settle a wrongful death case in the middle of a trial. It is a simultaneous feeling of joy for resolving the case and sadness from not letting the jury render a final judgment on why the victim died. This feeling was surely felt by a nursing home lawyer in Missoula, Montana who, after nearly a full week of trial, settled a wrongful death case out of court this week.

The details of this nursing home lawsuit were, sadly, not atypical. The family of an 87 year-old man alleged that two nursing homes acted negligently when they failed to provide adequate health care for the victim. The decedent fell and fractured his neck during a transfer from his wheelchair. This accident made him unable to walk which led to severe pressure ulcers which ultimately resulted in a fatal case of gangrene in his leg.

A Montana jury has awarded $3.2 million to a woman attributing degenerative jaw problems after taking to bone-strengthening drug Zometa. In the lawsuit against Novartis Pharmaceuticals, the Plaintiff alleged Novartis failed to warn that Zometa could cause osteonecrosis.

This is a big victory for plaintiffs in the Zometa lawsuits.

Missoula County agreed to pay a doctor $5,000 to settle his civil rights complaint after he was refused medical treatment while in jail for obstructing his efforts to provide care to a suicidal woman. After the doctor was arrested for ignoring police commands to withdraw while attempting to aid an armed suicidal woman (which sounds completely insane to me), he experienced chest pains and requested an EKG due to his history of heart problems. As part of the settlement with Missoula County, the municipality will also review the doctor’s concerns regarding policies for medical treatment for inmates.

An Oatmeal recall is not something anyone would expect. But here we are. There is an oatmeal recall for some oatmeal products made with instant nonfat dried milk, whey protein, fruit stabilizers, and gums (thickening agents) manufactured by Plainview Milk Products Cooperative. The fear is that these recallled oatmeal products might be contaminated with salmonella.

In addition to Malt-O-Meal Hearty Traditions Maple & Brown Sugar Instant Oatmeal and other brands of instant oatmeal, other recall oatmeal products include some brands of non-fat dried milk powder, other drink mix products, and butter flavored toppings from Kroger. If you have any of these recalled products, get rid of them.

They oatmeal at issue comes in 13.8-ounce boxes with 10 instant oatmeal packets. It was distributed in stores in Alaska, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming.

Our lawyers are not handling oatmeal recall cases. Although obviously it is early, our lawyers do not think a lot of lawsuits are going to come out of this oatmeal recall.

A report released last week by the Manhattan Institute -- "Greater Justice, Lower Cost: How a 'Loser Pays' Rule Would Improve the American Legal System" -- says making personal injury lawsuit losers pay the winner's legal expenses would improve the fairness of our legal system.

"The integrity of our legal system is under assault. Establishing loser-pays rules and other tort reforms can help restore citizens' faith in the bedrock of society -- justice, fairness and the rule of law," former New York Mayor Rudy Giuliani write in the preface to the report. (With the election over, Giuliani is apparently capable of complete sentences that do not contain 9/11. I am a little surprised.)

I have not given the issue any thought. I think the problem is that it presents an intimidating bar for Plaintiff's who have been the victim of the neglignece of someone else in a case that is not clear cut. Do we want to discourage those suits?

My two volume treatise Insurance Settlements is now available from James Publishing. The book discusses how to position a lawyer's car accident, truck accident, medical malpractice or product liability case to the best possible settlement at every step along the way (until the state's high court affirms the judgment).

Click on the James Publishing link. If you have any comments on the book, please email me at ronmiller@millerandzois.com under the subject "Insurance Settlements Comments."

Our lawyers are reviewing Byetta claims after the FDA announced this week that the diabetes drug has been linked to severe pancreatic problems in dozens of patients. On Monday, the FDA warned patients taking Byetta to discontinue use if they develop symptoms of the disorder. Further the FDA said that doctor prescribing Byetta should consider other prescription options for patients with a history of pancreas problems.

Since Byetta was introduced into the United States in 2005, more than 700,000 patients have used the Byetta.

Our lawyers are now exploring potential Byetta lawsuits. If you would like to discuss your case with a Byetta lawyer, call 800-553-8082 or click here for a free consulation/case evaluation (or even to answer any question you may have). For more information on Byetta and the concerns with Byetta, click here.

Last week, Digitek manufacturer Actavis Totowa recalled over 65 different drugs made at their New Jersey manufacturing plant. The list of recalled drugs (in some form or another) includes such generic drugs as Bellamine, Buspirone, Carisoprodol, Oxycodone Meperidine, and Rifampin. This strengthens the conclusion that the New Jersey plant that made these drugs may be the cause of irregularities in Actavis medications.

In April 2008, Actavis recalled Digitek, a drug prescribed to treat heart failure and irregular heartbeat because it was discovered that Digitek tablets appeared to have double the thickness – and likely double the active ingredient – listed on the label. When Digitek is given in abnormally high doses it can lead to digitalis toxicity which, paradoxically, worsens the problems Digitek is intended to treat, causing nausea or lower blood pressure and other side effects from the Digitek overdose that can lead to the increased risk of stroke or a heart attack.

If you would like to speak to a Digitek recall lawyer about a potential Digitek lawsuit, call 1-800-553-8000. For more information on the Digitek overdose recall or a free consultation on your potential Digitek case, click here.

Zimmer's Durom Cup hip implants are likely to be the subject of a good number of lawsuits from patients with the Zimmer implants. But they will not be the only ones. Apparently, Zimmer’s own shareholders may agree that Zimmer left its hip implant on the market way too long. Last week, shareholders of Zimmer stock filed a class action in Indiana. Interestingly, the lawsuit seeks damages for shareholders who purchased stock between January 28, 2008 and July 21, 2008. This tells our Zimmer hip implant recall lawyers that these shareholders believe that Zimmer knew or should have known and issued a recall on or before January 28, 2008.

If your Zimmer Durom hip resurfacing cup was defective, call our Zimmer hip implant lawyers at 1-800-553-8082 or click here for a free consultation.

More information on the Zimmer Hip Implant Recall
History of the Zimmer Durom Cup Hip Implant Recall
More information on the Zimmer hip implant recall lawsuits

Jury Verdict Research(r) study reports that rotator cuff injuries reached a 7-year high in 2006 with a compensatory award median of $72,667. This is almost 50% higher than previous reported settlements and verdicts in rotator cuff injury cases.

Our lawyers have never understood while the national data in these cases was so low. Washington D.C. rotator cuff injuries have averaged well over $100,000 for rotator cuff settlements and verdicts so we have never understood why the national average was as low as it has been. In any event, for whatever reason, rotator cuff verdicts are on the rise.

Our lawyers handle rotator cuff injury cases throughout the United States. Our lawyers have handled scores of rotator cuff injuries in car and truck accidents, typically in side collision or "T-bone" accidents. Our lawyers believe that insurance companies do not give fair value in most rotator cuff injury cases and our lawyers will fight to get you the financial compensation you deserve. Call a rotator cuff lawyer to protect you at 800-553-8082 or click here for a free consultation and case evaulation.

Related Posts

What Is the Value of Your Personal Injury Claim? (how the value of rotator cuff and other person injury settlements are calculated)

Sample Demand Letter (sample letter demanding settlement in a personal injury case)

Handling Your Claim Without a Lawyer (tips and pratfalls)

Lawyers representing Digitek overdose victims have filed nine lawsuits in New Jersey against Actavis Totowa LLL and its parent company Actavis Group, alleging a manufacturing defect in Digitek, namely that some Digitek tablets have contained twice the active ingredient of the drug. Digitek recall lawsuits have also been filed in West Virginia and California.

Our Digitek recall lawyers are reviewing these Digitek overdose cases in all 50 states expecting that a consolidated class action lawsuit will be appropriate (as opposed to this scatting of individual cases). If you want to discuss your case with one of our Digitek lawyers call us at 800-553-8082 for a free consultation or click here for a free Internet consultation.

A U.S. District court jury in Missoula, Montana awarded a Bigfork doctoral student $5.3 million, finding Fireman’s Fund Insurance Company acted in bad faith. This verdict, which included $3.5 million in punitive damages, is the largest bad-faith insurance verdict in Montana history.

Plaintiff, a 32 year-old salmon ecologist, suffered brain injuries in a head-on collision. Her insurance policy included $1.5 million in uninsured motorist benefits.

Why did the jury find bad faith in Fireman’s Fund’s refusal to pay? Well, in the four years after Fireman's Insurance received notice of plaintiff’s, it did virtually no investigation at all. Fireman’s Fun collected one lousy page of her medical records, never sought a statement from the Plaintiff, or requested an IME or did anything to support their denial.

I’m as cynical about insurance companies as the next personal injury lawyer. But I have to believe that this case fell below the radar of Fireman’s Fund and this was the act of a few isolated claims adjusters because this case is just the classic definition of bad faith. This case reads like John Grisham’s book Rainmaker. Insurance companies just do not act this way in jurisdictions that have first party bad faith because they know that they are inviting this kind of claim and publicity.

A Billings, Montana jury awarded $1.2 million dollars on Friday to a former BNSF Railway employee, who suffered a spinal injury two years ago. The jury found that BNSF had violated the Locomotive Inspection Act. The award was $840,000 in lost wages and $360,000 for pain and suffering.

Fredric A. Bremseth, a Denver lawyer who handles a lot of railroad cases apparently, represented the Plaintiff. Michelle Friend, a Billings, Montana lawyer, represened the railroad.

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